Dealing with a Bad Examiner

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Some Compensation and Pension examiners act as gatekeepers protecting the sanctity of the VA disability process. Going the extra mile to do everything they can to get you denied or low balled.

Then, there are other examiners that just suck at their job...

But what is a Veteran to do?

Battle Plan

Do the following as soon as possible:

  1. Get the name of your examiner.

  2. Find out your examiner's experience/specialization.

  3. Write out a personal statement and detail why the examiner/exam was bad.

  4. Upload your statement to your claim.

    • If you are worried about if the VA got your statement, you can call the VA (1-800-827-1000) in 2-3 days and ask if they see it in your file yet.

Eventually, someone will review your statement; If they find it appropriate they will order a new exam.

Personal Statement

This is a statement in which you detail what went wrong during the exam. Your statement should stick to the facts and be specific. There is no place for "FEEL” or “FELT” in this statement! It should also NOT be a rambling-rant or full of expletives!

Your statement should be done on a VA Form 21-4138.

Here are several examples in which you should request another examination:

  • Examiner treated you poorly;

    • Talking down to you or making rude comments about you or your service.

  • Examiner did not pay attention to your answers;

    • Were they playing on their phone?

  • Examiner had a personal agenda against the military or Veterans;

  • Examiner was not qualified or specialized enough to conduct the exam;

    • Did you have a Nurse Practitioner (NP) or a foot doctor conduct your mental health exam?

  • Examiner did NOT use a goniometer to measure your Range of Motion (ROM);

  • Examiner was clueless/confused about what they were doing; or

  • Examiner rushed through everything.

    • Did you not have a chance to explain how your disability affects you?

Personal Statement Example

I am requesting another Compensation and Pension Examination via a different contractor.

On MM/DD/YYYY, I had a Compensation and Pension Examination at [location]. The examination was done by [examiner's name].

From walking into the examiner's room to me walking out the door, the exam took less than 10 minutes. During the exam, I was not asked or allowed to tell the examiner how my conditions affect me. Further, when the examiner manipulated my joints to determine my range of motion, they did not use a goniometer.

Due to the shortness of the examination, not being given the opportunity to explain how my conditions affect me, and the failure to use a goniometer to get accurate measurements: I am requesting another Compensation and Pension Examination so that the VA will be provided a more accurate and complete report of my conditions.

Additional Ways to Reach Out

Additionally you can report your concerns/issues by:

  • Giving feedback on the contractor’s customer satisfaction survey;

  • Call the contractor company who scheduled your exam; and/or

  • Call the White House VA Hotline (1-800-698-2411).

Frequently Asked Questions

    • You can call the contractor/VAMC that is conducting the exam to reschedule your exam in the hopes of getting a different examiner.

      • Do know, just because someone has poor online reviews. It does NOT mean they are a bad examiner. People can attribute their denial to an examiner who by all rights isn't bad, but the Veteran themselves didn't have evidence to support service-connection. Plus, who is more likely to go online a write a review: Someone who had a fantastic experience or someone who felt slighted?

    • Not necessarily. Even if you felt you got a bad exam, it is still possible that you will get a favorable outcome. While the exam is a large piece of your claim puzzle, it is still just a part.

    • You can call the 1-800-827-1000 number and read your statement, fax, give it to your VSO to submit, or mail your statement in.

    • Yes the statement needs to be signed, a digital signature (even if just cursive font counts).

    • Consider filing an Appeal.

      • In the end, the rater is the authority that determines if a new examination is needed. Sometimes, even if an exam truly was horrible - a rater may find a new exam is not needed, as perhaps the exam should not have been ordered originally or that the exam is otherwise good enough. Of course, raters are not perfect and get things wrong - so filing a Higher Level Review may be appropriate.

    • Assuming the VA finds a new exam is needed, it may take a few days to 1-2 months.

References